On Friday, May 31, Illinois became the 11th state to legalize marijuana for recreational use, beating New Jersey and New York to the punch. This new development makes Wisconsin the only state where cannabis is strictly banned, sandwiched between Michigan and Illinois where it is legal and Minnesota where it is decriminalized.
This doesn’t come as a surprise, as newly elected Illinois Gov. J.B. Pritzker had made marijuana legalization a priority of his campaign. “The path forward for Illinois is clear: We need to legalize marijuana,” Pritzker wrote in his political program. “As governor, I am ready to stand with leaders, communities and families across our state to legalize marijuana and move our state forward.” Promise kept, with brio.
What does come as a surprise, however, is the way the bill passed. Illinois is the first state in the nation to legalize marijuana through legislation; the previous 10 states legalized it through voter initiatives. Just hours before the end of the legislative session, the “Illinois Cannabis Regulation and Tax Act” was approved by the state House of Representatives by a 66-47 vote. It creates a legal, taxed and regulated cannabis sales system.
Under the new law, adults 21 and older will be able to possess up to 30 grams of cannabis (less for non-residents) or five grams of cannabis concentrate. Additionally, medical marijuana patients will be able to grow up to five cannabis plants at home legally, and businesses and “home growers” will be able to apply for growing licenses.
Supporting Disadvantaged Communities
Most importantly, the bill is geared towards social justice, including a sweeping judicial reform aiming to fix some of the damages caused by the so-called “War on Drugs.” Illinois residents convicted for possession of less than 30 grams of marijuana will be automatically pardoned by the governor; anyone convicted of possession of less than 500 grams will be able to petition to have his or her record expunged. An estimated 770,000 people will benefit from this measure.
Part of the tax revenues from marijuana sales will go to supporting communities that have been negatively impacted by cannabis prohibition. The bill recognizes that some areas—especially predominantly African American neighborhoods—have been “disproportionately impacted.” As such, it includes the creation of a “Restore, Reinvest and Renew Program,” which is meant to revitalize disadvantaged communities, improve economic development, help reduce violence and provide legal aid to people who suffered from the War on Drugs.
A Cannabis Business Development Fund will provide financial resources for people starting or operating cannabis businesses. The people most affected by cannabis laws will become “social equity applicants” and be granted support if they choose to start cannabis businesses. This is a way to give street dealers a fighting chance in the legal marijuana market that is about to be created.
The bill has been sent to Gov. Pritzker to be signed, which is a mere formality as he’s already sworn to sign it into law. Recreational cannabis is expected to become legal—and sold in existing medical marijuana dispensaries—starting Wednesday, Jan. 1, 2020.
